Dept. of Justice Could Sue Harvard University

CAMBRIDGE, MA — The U.S. Department of Justice is investigating the affirmative action policy at Harvard University, according to multiple reports. The Cambridge school said it plans to comply as the DOJ presses, but will have to respect confidential records.

Two letters from the DOJ's Civil Rights Division obtained by CNN indicate Harvard has challenged the department's authority to investigate. If the school fails to provide documents by December 1, the DOJ may file a lawsuit against Harvard.

The Justice Department's interest in Harvard's policies stems from a 2015 court complaint alleging that Harvard and other Ivy League colleges deny Asian-American applicants with "almost perfect" SAT scores, "top 1% GPAs," and "significant awards or leadership positions," while applicants of other races have been admitted.

In July of 2015, the U.S. Department of Education dismissed the suit.

Supporters of affirmative action in college admissions say it levels the playing field in higher education by welcoming traditionally excluded groups like minority students, whereas its critics say the practice favors one group over another based on race instead of academic achievement.

A statement from Harvard officials says the university will "certainly comply with its obligations" but needs to protect confidential student records. The statement goes on to say the university wants to work with the department on "the best means of doing so."

"The Department of Justice takes seriously any potential violation of an individual's civil and constitutional rights, but we will not comment at this time," Justice Department spokesperson Devin O'Malley told CNN in a statement.

In October, The DOJ's Executive Director of American Oversight Austin Evers called out the Trump Administration and Attorney General Jeff Sessions for "invoking civil rights only to further their own political agenda – not to provide equal protections for all Americans."

"It speaks volumes that Jeff Sessions' Justice Department is prioritizing attacking affirmative action at a time when white nationalists are marching openly in the streets," he wrote.

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